C2002/5062, Transcript of Proceedings [2002] AIRCTrans 4986 (10 December 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT907

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2002/5062, C No 31661 of 1990,
C No 31214 of 1992 and C No 00084
of 1998

AIRLINE OPERATIONS - CLERICAL
AND ADMINISTRATIVE AWARD 1999

Application under section 33 of the
Act for review of above award on the
Commission's own motion

Review under Item 51, Part 2 Schedule 5,
Transitional WROLA Act

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE,
CLERICAL AND SERVICES UNION

and

COMPASS AIRLINES PTY LIMITED and
ANOTHER

Notifications pursuant to section 99 of the
Act of a dispute re log of claims - wages
and conditions

MELBOURNE

11.48 AM, WEDNESDAY, 27 NOVEMBER 2002

PN1

MS L. WHITE: I appear on behalf of the Australian Municipal Administrative Clerical and Services Union.

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms White. Yes, this matter was brought on by the Commission on its own motion effectively to rationalise respondency of the Airline Operations Clerical and Administrative Award 1999 now simplified award and the various roping-in awards. Number 1 of 1999 and 1 and 2 of 1992 associated with the predecessor, Clerks (Domestic Airlines) Award 1980. The Commission has written to Australian Airline Express, Compass Airlines, Southern Cross Airline together with the ASU and I think AIG indicating its intention to proceed to confirm a currency in continuing operation of the respondents to the roping-in awards and to vary the respondency of the principal award in respect to any company continuing to operate who was a respondent to the roping-in awards and not a respondent to the principal award to set aside the roping-in awards.

PN3

Ms White, the AIG has written to me indicating that they are writing on behalf of Australian Air Express unable to attend today. They have indicated that Australian Air Express was roped-in to the award in 1992 but since that time have had their own house award made, the Airline - Australian Air Express Consolidated Award 1994 covering classifications of clerical and administrative employees amongst others, and clause 6 states that it supersedes the roping-in award. The author, Fiona Field, indicates that she has had discussions with the ASU and the joint view is Australian Air Express should be removed from the list of respondents to the Airline Operations Clerical and Administrative Award 1999. What is the position of the ASU, Ms White?

PN4

MS WHITE: That is - in relation to Australian Air Express, that is the position of the ASU that clause 6 of the Australian Air Express Consolidated Award does say that the roping-in award was superseded by that award so it - and that had been our understanding all along. So we don't - - -

PN5

THE SENIOR DEPUTY PRESIDENT: Very well.

PN6

MS WHITE: And they are similar awards, so we don't see that the Australian Air Express should be a respondent to this award.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, very well. And do you have - and in respect to Compass and Southern Cross - - -

PN8

MS WHITE: Yes. The Compass and Southern Cross are both in administration and despite our inquiries, were unable to confirm that they are not still in administration. Our best efforts, however, have netted a result that there has in fact been payments made to creditors under those administrations this year, and we haven't yet had any final letter saying that it is wound up so - - -

PN9

THE SENIOR DEPUTY PRESIDENT: Yes.

PN10

MS WHITE: - - - our preferred position is that they will remain respondents - that they be placed as respondents until we are confident that they have been wound up. It has been a long process.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, very well. In those circumstances, what I will do Ms White, is to set aside each of the roping-in awards in respect to Eastern Airlines on the basis that it need not be a respondent to the simplified award. I would, however, vary the simplified award to add as respondents Compass Airlines Pty Limited and Southern Cross Airline Holdings Limited, and therefore they shall remain bound in effect by the award. Obviously in the event that further down the track if it becomes apparent to the ASU, which I think is the only union respondent to the award, that there is no continuing utility of having either of those companies as a named respondent, then application could be made to remove them as named respondents.

PN12

MS WHITE: And that would be our intention to do so.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you, Ms White.

ADJOURNED INDEFINITELY [11.54am]